A legal lot of record is required when applying for a building permit or development review. Without a legal lot, the permit and review process will not proceed. 

The requirements of Chapter 14 and any development approval made under its authority apply to each individual legal lot of record.  The City requires proof of a legal lot of record for building permits, development review, and administrative review applications such as lot splits and lot consolidations. 

 

What is a legal lot of record?


A lot that was created prior to the date of any applicable provision of law that required the lot be approved as part of a subdivision, or that has been created as part of a subdivision created in accordance with all applicable laws or ordinances, or that has been created by court order as provided in Section 14-3.7(A)(6), or for which a certificate of compliance has been issued pursuant to Section 14-3.7(A)(7)(b). The lot must be shown on a duly recorded plat or other written instrument that adequately describes the lot, that is recorded with the county clerk, and that documents compliance with this definition. (Ord. No. 2013-16 § 66)

 

December 5, 1962

The date of the “applicable provision of law” is December 5, 1962, the effective date of the City’s Zoning Ordinance.  Any lot created prior to December 5, 1962 (Pre-Code) is considered a legal lot, and if the instrument is recorded in the office of the County Clerk, a lot of record.

Any lot created after December 5, 1962, must have obtained City approval and be recorded in the Office of the County Clerk to qualify as a legal lot of record. 

 

Legal Non-Conforming Lot

A legal lot created prior to the effective date of the Code may not always comply with all current standards.  This type of lot is still legal, just non-conforming per Section 14-10.4.  A legal non-conforming lot enjoys all the benefits of development as its counterpart with one small caveat…some legal non-conforming lots may have development constraints due to lot configuration, lot size, or existing conditions as they relate to land and/or structures. 

 

Instruments of Record

The City accepts several instruments of record to establish a legal lot of record.

  • Plat of survey with City signatures of approval The City approval signature block should not be confused with the County Clerk recording stamp and seal. The recording stamp will contain the date, time, plat book, page number, instrument number, and County Clerk Seal when the plat was made part of the public records. The City signature block contains the signatures of a city planner and subdivision engineer and possibly various other signatures depending on the plat approval process, such as the City Council, Planning Commission, or Public Works.
  • Plat of survey that accurately describes the lot in question in its current boundary configuration and is recorded prior to the effective date of the City’s Zoning Ordinance (December 5, 1962);
  • A warranty deed that accurately describes the lot in question in its current boundary configuration and is recorded prior to the effective date of the City’s Zoning Ordinance (December 5, 1962);
    • Note: For items 2 and 3 (Pre-Code Lots), the plat and/or deed will likely not contain a City signature block, but only the County Clerk recording stamp and seal, and only if it was recorded and made part of the County Clerk records.
  • Provide documentation listed above for all adjoining properties identifying the lot as legal by exclusion.
    • This is by far the most difficult and tedious way to prove a lot legal. An applicant must provide documentation of all adjacent lots that share the property line(s) with the subject property. In doing so, it must be shown that all property lines are city-approved or legally non-conforming (established before December 5, 1962), creating a legal lot by exclusion.
  • In policy and practice, the City will also consider other instruments of record to establish a legal lot of record.  Acceptance of these instruments must be reviewed and approved by the city to ensure that they accurately describe the lot in question in its current boundary configuration. The instruments include Kings Map, Scanlon Map, and Walter Turley Plat.
  • The City recognizes a legal lot of record that was properly partitioned, partially condemned or otherwise divided or altered by court order as provided in Chapter 42 NMSA 1978.   

Certificate of Compliance

If a lot is not shown on an approved subdivision plat but rather is verified through other documentation, including deeds, unrecorded plats, or public notice plats, the Land Use Director may approve a certificate of compliance for a legal lot of record.  The certificate of compliance describes the lot, the circumstances of its creation and the documentation and applicable regulations upon which the determination of compliance is based. 

The Planning Commission may approve a certificate of compliance for a lot or contiguous lots that have been created in violation of the procedural requirements of SFCC 1987 Section 14-3.7 Subdivisions of Land.  The Commission must determine that the lot, or contiguous lots, comply with all other applicable standards of Chapter 14 or impose conditions of approval necessary to ensure such compliance. Upon meeting any conditions of approval and recordation of the certificate of compliance, the lot shall be a legal lot of record. 

Instruments that do not prove legal lot of record

  • Public Notice Plats or Surveys
  • Improvement Location Reports (ILRs)
  • Prior Building Permits
  • Unrecorded instruments such as warranty deeds. 
  • Quiet Title lawsuit